Getting back to the office: legal risks employers must watch out for

The landscape of work has undergone a seismic shift over the past few years. What was once the norm, a daily commute to a central office, has been reimagined, giving rise to widespread remote and hybrid working models.

As businesses increasingly consider or implement a full-time back to the office approach, it’s crucial for employers to be acutely aware of the legal risks involved. Completing this transition smoothly requires careful planning, clear communication and a robust understanding of employment law.

The rise of home and hybrid working

Before 2020, working from home was often seen as a perk, a privilege offered to a select few. The COVID-19 pandemic, however, thrust this way of working into the mainstream, proving its viability across all manner of roles and sectors. This unprecedented period of remote work led to a re-evaluation of traditional office-centric models.

Employees experienced increased flexibility, often a better work-life balance, and reduced commuting stress. This shift has undoubtedly left a lasting impression, with many employees now expecting a degree of autonomy over their working arrangements.

Hybrid working, a blend of office-based and remote work, has since emerged as a popular compromise, offering both the benefits of collaboration and the flexibility that employees had come to appreciate. This model allowed businesses to maintain a physical presence while acknowledging the desire for remote work and reducing potential absenteeism.

The post-pandemic shift back to the office

While home and hybrid working have gained considerable traction, many organisations are now looking towards a more significant back to the office presence. An early indicator that employers’ priorities started to shift back after the global pandemic had subsided was Zoom ordering staff to return to the office.

The very concept that a business so widely associated with remote working during the pandemic had shifted its mindset truly signalled another shift in the workplace. This move reinforced an earlier announcement of a similar nature by global giant Disney.

Moreover, Amazon’s controversial reversal of their own hybrid working policy in late 2024 sparked significant discourse around the efficacy of working from home. A laundry list of recognisable industry names have made similar announcements in the last 12 months, marking an important trend whose impact on both employers and employees is vast.

Reasons for this shift are varied: a desire to foster stronger company culture, boost collaboration, improve team cohesion, and potentially address concerns around productivity or mentorship in a fully remote environment.

However, simply dictating a return without considering the implications can open the door to legal disputes. Employers must approach this transition with a strategic and legally sound framework to avoid potential pitfalls.

How to mitigate legal risk when planning a return

The key to a successful back to the office transition lies in proactive risk mitigation. Here’s how employers can navigate this journey successfully.

Review contracts and policies

The first step is to review existing employment contracts and company policies. Do these documents stipulate a specific place of work? Are there clauses relating to remote work or changes in working arrangements? If not, new policies or amendments might be necessary.

Communicate clearly and early

Ambiguity breeds discontent. Employers should communicate their intentions regarding a back to the office strategy well in advance. This communication should be clear, transparent and explain the rationale behind the decision. Providing a clear timeline and outlining expectations will help manage employee anxieties.

Consultation and engagement

Where possible, engage in a genuine consultation process with employees or their representatives. While the ultimate decision rests with the employer, involving employees in discussions can help identify potential issues early. This can be particularly helpful if the proposed changes impact terms and conditions.

Implement a phased approach

A sudden, mandatory return can be jarring. Consider a phased back to the office approach, gradually increasing office attendance over time. This allows employees to adjust and helps the organisation identify and resolve operational challenges.

Address practical considerations

Make sure your office environment is ready for a full return. This includes adequate desk space, meeting rooms, technology infrastructure and any necessary health and safety measures.

Reasonable adjustments for those who are disabled or have young children

One of the most significant legal risks employers face when implementing a back to the office policy is the duty to make reasonable adjustments under the Equality Act 2010.

Disability

Employers have a legal obligation to make reasonable adjustments for employees with disabilities to ensure they are not at a substantial disadvantage compared to non-disabled employees. 

This could mean adjusting office hours, providing specialised equipment, modifying job roles or even continuing remote work if an in-office presence poses a significant barrier due to their disability. Each case must be considered individually, and a blanket refusal to accommodate will likely lead to discrimination claims.

Parents with young children

While not covered by the same explicit reasonable adjustment duty as disability, employers must be mindful of indirect discrimination, particularly against women, who predominantly bear childcare responsibilities.

A rigid back to the office mandate without flexibility could disproportionately impact employees with childcare commitments, leading to potential claims of indirect sex discrimination. Employers should be open to discussing flexible working arrangements in such circumstances.

Flexible working

The right to request flexible working is a statutory right for eligible employees. This means that employees can formally request changes to their working hours, times or place of work. When considering a back to the office strategy, employers must remember that any employee with 26 weeks of continuous service has the right to make such a request.

Employers must handle flexible working requests in a reasonable manner, following a prescribed process, and can only refuse a request for one of the specified statutory business reasons.

Simply wanting everyone back to the office for generalised reasons may not suffice as a valid business reason for refusal, especially if the employee can demonstrate that their proposed flexible working arrangement would not negatively impact the business.

A rejection without a valid business reason, or failure to follow the correct procedure, can lead to claims at an Employment Tribunal.

How Sapphire HR can help

Successfully pulling off a back to the office transition requires expert guidance to mitigate legal risks and foster positive employee relations. At Sapphire HR, we offer complete support to help your business manage this process seamlessly.

Our services encompass everything from drafting and reviewing robust employment policies to ensure compliance with current legislation and best practices, to guiding you through effective employee consultation processes.

We also provide invaluable advice and support on handling flexible working requests fairly and legally, as well as helping you understand and implement your obligations under the Equality Act 2010 regarding reasonable adjustments.

We can also deliver bespoke training to managers on effectively managing back to the office policies and the associated legal considerations and assist with any potential employee disputes that may arise during the transition.

By partnering with our team, you can make sure your back to the office strategy is not only legally sound but also supports a productive and harmonious workforce.